IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22348 of 2014 Between:
Neelapu Nagamma, W/o. Adinarayana, Aged about 55 years, Occ: Housewife, R/o. Salur Village and Municipality, Vizianagaram District.
.. Petitioner AND The State of Andhra Pradesh, Rep. by The Principal Secretary, Registration and Stamps (Revenue) Department, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22348 of 2014 ORDER:
The grievance of the petitioner in this writ petition is that when she presented the sale deed concerning the slabbed house situated in D.No.27-52, Assessment No.1092010230, Ward No.9, Aguru Street, Sivalayam Road in Survey No.159/2 Part of Salur Village and Municipality, Vizianagaram District, the registering authority refused to receive the same on the ground that the land in Survey No.159/2 is classified in the revenue records as poramboke and prohibited for registration as communicated to the Sub-Registrar by the revenue authorities.
2. When the matter is taken up for consideration, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and the learned Standing Counsel for Municipality, represented that the subject matter of this writ petition is covered by the decision of this Court rendered in W.P.No.1339 of 2014 and batch.
3. In W.P.No.1339 of 2014 and batch, after construing the provisions in Section 2(1) of the A.P. Land Encroachment Act, 1905, the proceedings issued by the District Collector, Kadapa, in Circular Reference No.E3/1291/2007, dated 29.04.2007, G.O.Ms.100, dated 22.02.2014, and earlier decision of this Court in W.P.No.23634 of 2012 and batch, this Court held as under:
“As evident from the Circular of the District Collector, Kadapa, and the Orders of the Government in G.O.Ms.No.100 dated 22.02.2014, the lands classified as Gramakantham are not the Government lands and that there is no restraint for alienation of the said properties. Thus, the decision of the Sub-Registrar in refusing to entertain the deed of conveyance concerning the properties in Sy.Nos.159/2 and 162/2 of Salur Municipality, is erroneous.”
4. For the reasons alike, this Writ Petition is disposed of directing the Sub-Registrar, Salur, Vizianagaram District (3rd respondent) to furnish market value concerning the property situated in Survey No.159/2 Part of Salur Municipality and to receive the document as and when the same is presented by the party on the said land and process the same in accordance with the provisions of the Registration Act, 1908, and the Indian Stamp Act, 1899, without raising the objection that the land is classified as Government land. The Sub-Registrar shall complete the registration formalities, if the document is in order and to release the same. If the Sub-Registrar has any other valid reason for not entertaining the document, he shall pass a reasoned order and communicate the same to the party. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 6th August, 2014 Note: Issue C.C. in two (2) days. (B/o.) KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22348 of 2014 Date: 6th August, 2014